Bypass project halted by the birds and Department of Fish and Wildlife

The California Department of Fish and Wildlife has halted operations by CalTrans along the Willits bypass corridor until the highway agency updates its procedures dealing with the Migratory Bird Treaty Act.

CalTrans spokesman Phil Frisbie says CalTrans project personnel continue to meet with Fish and Wildlife to work through any issues and hope to be able to restart the project as early as next week.

The construction was stopped Monday after two or three birds' nests were found. One had been knocked out of a tree; another was discovered on the ground. There were conflicting reports about the presence of a third nest.

One of the main conflicts between the group of protestors at the site and CalTrans was whether the newly discovered nests were "active" or not.

The official word on the job shutdown came from Fish and Wildlife Environmental Scientist JoAnn Dunn, "No additional vegetation disturbance is allowed until adequate survey measures are conducted."

Monday's DFW investigation was prompted by an anonymous tip and determined there was a "high probability of detecting nesting activity [at the site] covered by the Migratory Bird Treaty Act," says Dunn.

CalTrans biologists had followed existing "survey protocols" for the area looking for active nesting sites before the contractor was given the green light to proceed with Monday's construction activity, says Frisbie.

Such surveys would have marked any active nesting sites for special treatment, according to Frisbie. If active nesting sites are found within the construction area, by law they must be carefully marked and nearby construction activity restricted. This is the reason most vegetation removal is planned during non-nesting season.

An assortment of project delays has led to CalTrans' late start in removing the trees and brush along the Willits bypass route.

"We normally do our best to remove vegetation in the off season," says Frisbie. "We are working with Fish and Wildlife to refine the survey protocols to ensure we are following all laws."

CalTrans was allowed to wrap up the work on the section of fence where the damage had already been done, but further work has to wait.

Fish and Wildlife received the tip about the bypass project through CalTip, says Dunn. CalTip is a confidential secret witness program that encourages the public to "help protect the state's fish and wildlife resources," according to the DFW website.

The investigation into the anonymous tip led to the current job shut down.